the scottish environment protection agency, in … · eference number: car/ s/ 1160431 scottish...

eference number: CAR/ S/ 1160431

SCOTTISH ENVIRONMENT PROTECTION AGENCY

WATER ENVIRONMENT AND WATER SERVICES ( SCOTLAND) ACT 2003WATER ENVIRONMENT ( CONTROLLED ACTIVITIES) ( SCOTLAND) REGULATIONS

2011 (" THE REGULATIONS")

Licence Number:

Responsible Person:

Site or Location of

Activity/Activities

WATER USE LICENCE

CAR/ S/ 1160431

Scottish Water

Seaview Terrace

Easdale

Oban

PA34 4RG

The Scottish Environment Protection Agency, in accordance with regulations 8 and 15 of theRegulations, hereby authorises the carrying on of the controlled activity or activities set out inSchedule 1 of this licence, at or near or in connection with the site or location set out above, subject to the requirements of the Regulations and to the conditions contained in the

schedules attached to and forming part of this licence.

The person responsible for securing compliance with this licence and its conditions (" the

responsible person") shall be Scottish Water, having its principle office at Castle House, 6Castle Drive, Carnegie Campus, Dunfermline, Fife, KY11 8GG.

This licence and its conditions shall, except where otherwise provided in any of thoseconditions, take effect on the date of issue.

o {Signed: ............................... .. I 2e) t $

Authorised to ssgm anlwha fthe -

Scottish Environment Protection Agency

Right of Appeal

You are entitled to appeal to the Scottish Ministers, within three months of the date of thislicence, if you have been granted a form of authorisation which is different from the form of

authorisation which you believe ought to have been granted ( under regulation 50( b) of the

Regulations) or against any condition or conditions of this licence ( under regulation 50( c) ofthe Regulations). The bringing of an appeal against a condition will not have the effect ofsuspending the operation of the condition. The procedures for the making of an appeal are setout in Schedule 9 of the Regulations.


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CONTENTS

INTERPRETATION OF TERMS ..............................

Licence Number: CAR/ S/ 1160431

2

SCHEDULE 1. CONTROLLED ACTIVITY.......................................................................... 4

1. 1. Description of Controlled Activity............................................................................4

1. 2. Location of Controlled Activity................................................................................4

SCHEDULE 2. GENERAL CONDITIONS 5

2. 1. Responsible Person.................................................................................................. 5

2. 2. Records..................................................................................................................... 5

2. 3. Incidents.................................................................................................................... 5

2. 4. Environmental Harm................................................................................................. 5

SCHEDULE 3. SEPTIC TANK DISCHARGE...................................................................... 6

3. 1. Nature of Discharge.................................................................................................. 6

3. 2. Discharge Point.........................................................................................................6

3. 3. Sample Point............................................................................................................. 6

3. 4. Descriptive Conditions.............................................................................................6

3. 5. Operation and Maintenance..................................................................................... 6

3. 6. Records and Provision of Information....................................................................6

APPENDIX A LOCATION OF CONTROLLED ACTIVITY................................................. 7

Scottish Environment Protection Agency Page 1 of 7CAR- S- 1180431- Licence- Seeview Tenece ST, Eesdele, Oben


INTERPRETATION OF TERMS

For the purposes of this licence, and unless the context requires otherwise, the followingdefinitions shall apply:

Generic

the Act" means the Water Environment and Water Services ( Scotland) Act 2003;

controlled activity" means an activity to which the Regulations apply, in accordance withregulation 3( 1) of the Regulations;

incident" means:

any accident which has had or could have an adverse impact on the water environment; or

any malfunction, breakdown or failure of plant or techniques which has had or couldhave an adverse impact on the water environment; or

any event, such as force majeure or action taken to save human life or limb, whichresults, or is likely to result, in a breach of any condition of this licence;

pollution", in relation to the water environment, means the direct or indirect introduction, as

a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm, and " harm" shall have the same meaning as in the Act;

the Regulations" means the Water Environment ( Controlled Activities) ( Scotland)

Regulations 2011;

responsible person" means the person who is responsible for securing compliance with theterms of this licence and has been identified as such by SEPA in accordance with regulation8( 6) of the Regulations, and in this context ' person' includes a body corporate, limited liabilitypartnership and Scottish partnership;

SEPA" means the Scottish Environment Protection Agency;

SEPA officer" means a person authorised by SEPA under regulation 31( 4) of theRegulations or, pursuant to paragraph 6( c) of Schedule 10 of the Regulations, under

regulation 27( 4) of the Water Environment ( Controlled Activities) ( Scotland) Regulations

2005;

the water environment" means all surface water, groundwater and wetlands; and " surface

water", " groundwater' and " wetlands" shall have the same meanings as in the Act;

watercourse" shall have the same meaning as in the Act;

Point source pollution control

point source discharge" means a discharge of an effluent or other matter to the water

environment or land by a fixed installation, pipe, outlet or otherwise;

sewage" has the same meaning as in section 59 of the Sewerage ( Scotland) Act 1968;

sewage fungus" means a visible microbiological growth usually consisting of a mixture ofbacteria, fungus, protozoa and algae;

Any reference to a numbered condition, numbered paragraph, group of conditions, group ofparagraphs, schedule, table, appendix or figure or is a reference to the condition, paragraph,

group of conditions, group of paragraphs, schedule, table, appendix or figure bearing thatnumber in this licence.

Scottish Environment Protection Agency page 2 of 7CAR- S- 1160431- Licence- Seaview Terrace ST, Easdale, Oban


Except where specified otherwise in this licence:

day" means any period of 24 consecutive hours,

week" means any period of 7 consecutive days,

month" means a calendar month,

quarter" means a calendar quarter,

year" means any period of 12 consecutive months;

and any derived words ( e. g. " monthly", "quarterly") shall be interpreted accordingly.

Except where specified otherwise in this licence, any reference to an enactment or statutoryinstrument includes a reference to it as amended ( whether before or after the date of this

licence) and to any other enactment, which may, after the date of this licence, directly orindirectly replace it, with or without amendment.

Scottish Environment Protection Agency Page 3 of 7CAR- 5- 1160491- Licence- Seeview Terrace ST, Eesdele, Oban


SCHEDULE 1. CONTROLLED ACTIVITY

1. 1. Description of Controlled Activity

1. 1. 1. The controlled activity shall be the discharge of treated sewage effluent from aseptic tank to the water environment.

1. 2. Location of Controlled Activity

1. 2. 1. The following controlled activity described in Table 1. 1 is authorised under licenceand shown on the location plan attached as Appendix A.

Table 1. 1 Controlled Activity

Controlled Activity NGR Affected Waters Name/ Reference

Discharge of treatedNM 7520 1675 Coastal water

Seaview Terrace Septic 1.

sewage effluent Tank, Easdale, Oban

Scottish Environment Protection Agency Page 4 of 7CAR - S- 1 160431 - Licence- Seamw Terrace ST, Easdale, Oben


SCHEDULE 2. GENERAL CONDITIONS

2. 1. Responsible Person

2. 1. 1. The responsible person to whom this licence is issued shall secure compliance with

the conditions contained in the licence.

2. 2. Records

2. 2. 1. A copy of this licence shall be kept such that it is readily accessible for examinationby all relevant staff.

2. 2. 2. Unless otherwise specified in a condition of this licence, every record made incompliance with a condition of this licence shall be preserved for not less than 5

years from the date of its being made. Every such record shall be kept as set out inCondition 2. 2. 1 for not less than one year from the date of its being made andthereafter preserved at a location, previously notified to SEPA in writing, if thatlocation is not the site or location of the authorised activity.

2. 2. 3. All records shall be legible, and any amendment made to any record made incompliance with a condition of this licence shall be made in such a way as to leavethe original entry clear and legible. The reason for each amendment shall beexplained in the said record.

2. 3. Incidents

2. 3. 1. In the event of an incident, the responsible person shall notify SEPA without delayand in any case by the next working day after identification of the incident, using thecontact details in the explanatory notes. This notification shall include: the time andduration of the incident, a description of the cause of the incident, any effect on theenvironment as a result of the incident and any measures taken to minimise ormitigate the effect and prevent a recurrence.

2. 3. 2. Where requested by SEPA, a written report following any incident notified to SEPAshould be sent to SEPA at the contact address in the explanatory notes within 14days of the occurrence of the incident.

2. 4. Environmental Harm

2.4. 1. Other than as specifically permitted or limited by any condition of this authorisation, the authorised activities shall not have a significant adverse impact on, or cause

pollution of, the water environment.

Scottish Environment Protection Agency Page 5 of 7CAR- S- 11e0431- Licence- Seeview Terrace ST, Eastlale, Oben


SCHEDULE 3. SEPTIC TANK DISCHARGE

3. 1. Nature of Discharge

3. 1. 1. The dry weather flow of the influent sewage shall not exceed 3. 8 cubic metres perday.

3. 2. Discharge Point

3. 2. 1. The outlet shall be a 150 mm internal diameter pipe.

3. 3. Sample Point

3. 3. 1. A sample point shall be constructed, maintained and appropriately identified as asample point so that a representative sample of the sewage effluent may be safelyobtained. All constituents of the discharge shall pass through the said sample point.

3. 4. Descriptive Conditions

3.4. 1. The discharge shall not cause:

a significant visible impact on surface waters due to the presence of oil or grease;

the significant deposition of sewage solids on the bed and shore of the receivingwaters;

significant discolouration of the receiving waters;

significant increased foaming in the receiving waters; or

significant growth of sewage fungus in the receiving waters.

3. 4. 2. Any event involving one or more of the circumstances described in condition 3. 4. 1above shall be regarded as an " incident" and dealt with in accordance with the

requirements of condition 2. 3.

3. 5. Operation and Maintenance

3. 5. 1. The septic tank shall be desludged regularly to prevent excessive carryover ofsuspended solids and, in any event, at least once every 2 years.

3. 6. Records and Provision of Information

3.6. 1. A record of maintenance work carried out shall be maintained and kept available for

inspection by SEPA Officers on request.

Scottish Environment Protection Agency Page 6 of 7CAR- S- 1160431- Licence- Seaview Terrace ST, Easdale, Oben


APPENDIX A Location of Controlled Activity

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Crown Copyright. SEPA Licence Number 100016991 ( 2017). All Rights Reserved.

CAR- S- 1180431- Licence- SeaviewTeram ST, Easdale, ObanScottish Environment Protection Agency Page 7 of 7

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EXPLANATORY NOTES

These explanatory notes do not form part of the licence)

The Water Framework Directive

The Water Framework Directive ( WFD) is a wide- ranging piece of European environmentallegislation which became law in Scotland at the end of 2003 through the Water Environment

and Water Services ( Scotland) Act 2003 and in April 2006 through the Water Environment

Controlled Activities) ( Scotland) Regulations 2005. In March 2011, the Water Environment

Controlled Activities) ( Scotland) Regulations 2005 were replaced with the Water

Environment ( Controlled Activities)( Scotland) Regulations 2011 (" the Regulations", also

known as CAR).

The WFD establishes a legal framework for the protection, improvement and sustainable use

of the water environment across Europe by requiring member states to:

Prevent deterioration and enhance status of aquatic ecosystems, including groundwater;

Promote sustainable water use;

Reduce pollution; and

Contribute to the mitigation of floods and droughts.

The Regulations set out the regulatory framework for achieving some of the aims of theWFD in Scotland, through a regime for authorising " controlled activities", e. g. point source

discharges, abstractions, impoundments and engineering activities. They provide for threelevels of authorisation, dependent on the risks associated with a controlled activity. A licenceis the highest level of authorisation.

Having differing levels of authorisation allows for proportionate and cost- effective controls, so that environmental protection can be achieved whilst minimising the regulatory burden.

Water Efficiency

Regulation 5 of the Regulations imposes a general duty to use water efficiently

It is the duty of any person carrying out a controlled activity authorised under theseRegulations to take all reasonable steps to secure efficient and sustainable water use. "

For example, water efficiency could be the management of the total quantity of waterabstracted from a source of supply using measures to minimise wastage, optimise use andreduce consumption.

The means of achieving this can be varied but may include good housekeeping, management systems and procedures, reusing and recycling water and the redesign ofoperations.

Water audits are the first step to using water efficiently. Water audits develop anunderstanding of the water system, enable detection of leakages and areas of waterwastage and are a means of identifying opportunities for reduced water use.

Appeals

If you are aggrieved by any of the conditions of the licence or the level of authorisation, youmay appeal to the Scottish Ministers. Further information on your right of appeal and theappeals procedure is contained in regulations 50 to 53 and Schedule 9 of the Regulations.

Formal notice of appeal under regulation 50( b) or ( c) is to be given within three months of

the date that the licence is issued. Paragraph 2 of Schedule 9 lists the documents that the

appellant has to submit to the Scottish Ministers.

Subsistence Charges

An annual subsistence charge may be payable in respect of the licence in terms of thecurrent Water Environment ( Controlled Activities) Fees and Charges ( Scotland) Scheme,

copies of which are available from SEPA. Where a subsistence charge is payable, an

invoice will be sent to you.

The charging scheme provides that it is a condition of every authorisation that the fees andcharges prescribed in the scheme are paid in accordance with the scheme. Failure to paysuch charges may therefore constitute an offence.

General Statutory Requirements

A licence under the Regulations does not disapply any other statutory requirementsapplicable to the licence holder or his/ her operations, such as any need to obtain planning

permission or a building warrant, or any responsibilities under legislation for health, safetyand welfare in the workplace.

Contact Details for Notifications

The contact address and telephone number for notifications in terms of condition 2. 3. 1 of the

licence is as follows:

Scottish Environment Protection AgencyKilbrandon House

Manse Brae

Lochgilphead

PA31 8QX

During office hours

Tel No: 01546 602876

Fax No: 01698 738155

Out of office hours and public holidays

Tel No: 0800 80 70 60

Address for Reports and Submissions

The contact address for all information to be reported or submitted in terms of condition 2. 3. 2

of the licence is as follows:

The Registry

Scottish Environment Protection AgencyGraesser House

Fodderty WayDingwall

IV15 9XB

registrydingwall@sepa. org. uk

SEPA Review and Variation of Conditions

The conditions of the licence will be periodically reviewed by SEPA and may be varied underregulation 22 of the Regulations as a result of that review.

Operator -Initiated Variation of Conditions

The responsible person may apply to SEPA under regulation 24 for a variation of theconditions of the licence.

Transfer of Authorisation

A responsible person may apply to transfer the licence to another person under regulation25 by making a joint application with the other person.

Surrender of Authorisation

Where the controlled activities authorised by the licence have ceased, or it is intended thatthe controlled activities will cease, the responsible person may apply to SEPA to surrenderthe licence under regulation 27.

Suspension and Revocation of Authorisation

SEPA may at any time suspend or revoke an authorisation ( in whole or in part) by serving anotice on the responsible person under regulation 29.

Enforcement Notices

Where SEPA is of the opinion that an activity

a) has contravened, is contravening or is likely to contravene any condition of thelicence or

b) has caused, is causing or is likely to cause significant adverse impacts on thewater environment or

c) has caused, is causing or is likely to cause a direct or indirect discharge intogroundwater of any hazardous substance ( as determined pursuant to Schedule 2of the Regulations) or any other pollutant

SEPA may serve an enforcement notice on the responsible person under regulation 32.

This notice will specify the steps to be taken by the responsible person which SEPAconsiders to be necessary or appropriate to prevent, mitigate or remedy the contravention, the impact on the environment or the discharge into groundwater.

Offences

It is an offence to carry on, or cause or permit others to carry on, any controlled activityexcept insofar as it is authorised under the Regulations and carried on in accordance withthat authorisation.

It is an offence to fail to comply with or contravene, or cause or permit others to fail tocomply with or contravene, a water use licence, including any condition imposed.

It is an offence to fail to comply with, or cause or permit others to fail to comply with, therequirements of an enforcement notice.

It is an offence to intentionally make, or cause or permit others to make, a false entry in anyrecord required to be kept under a condition of an authorisation.

Further details on these and other offences and on penalties liable to be imposed uponconviction for an offence are provided in regulation 44 of the Regulations.

Directors, managers and other individuals within a company may be held personally liablefor offences under the Regulations.

All personnel who are responsible for fulfilling any condition of the licence should be madeaware of these facts.

Please note that your licence authorises you to carry out the activity or activities outlined inyour application to SEPA in accordance with the licence and its conditions. Be aware,

however, that any activity outwith the terms of the licence is prohibited under regulation 4 ofthe Regulations. Should you undertake any activity which does not conform to the terms ofyour licence, you may be subject to criminal proceedings in accordance with regulation44( 1)( a) and/or (d) of the Regulations. This prohibition encompasses any activity which isliable to cause pollution of the water environment. Section 20 of the Water Environment andWater Services ( Scotland) Act 2003 includes definitions of " pollution" and " water

environment".

The statutory definition of pollution, as set out in that section, is as follows: -

Pollution", in relation to the water environment, means the direct or indirect introduction, as

a result of human activity, of substances or heat into the water environment, or any part of it, which may give rise to any harm, and "harm" means —

a) harm to the health of human beings or other living organisms,

b) harm to the quality of the water environment, including -

i) harm to the water environment taken as a whole,

ii) other impairment of or interference with, the quality of aquatic ecosystems orterrestrial ecosystems directly depending on aquatic ecosystems,

c) offence to the senses of human beings,

d) damage to property, or

e) impairment of, or interference with, amenities or other legitimate uses of the waterenvironment.'

Population Equivalent (PE)

The discharge quality and flow conditions attached to this licence are based on a current PEof 18 as stated in the licence application.

In this context, " population equivalent" means a measure of the organic biodegradable load

calculated on the basis of the maximum weekly load entering the STW during the year, excluding unusual events such as those due to high rainfall, where one populationequivalent is the organic biodegradable load that has a 5 -day biochemical oxygen demandBODS) of 60g oxygen per day.

the scottish environment protection agency, in … · eference number: car/ s/ 1160431 scottish...

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